In The Goods Of Arun Kumar Law (Dec) v. Na

OD-6

IN THE HIGH COURT AT CALCUTTA

TESTAMENTARY AND INTESTATE JURISDICTION ORIGINAL SIDE IA NO. GA 1 OF 2023 PLA NO. 345 OF 2022

IN THE GOODS OF:

ARUN KUMAR LAW (DEC.)

BEFORE:

The Hon'ble JUSTICE ARINDAM MUKHERJEE Date : 27th April, 2023.

Appearance:- Mr. Sabyasachi Choudhury, Adv.

Mr.Sayantan Bose, Adv.

Ms. Ankita Choudhury, Adv.

For petitioner Mr. Shounak Mukhopadhyay, Adv.

Mr. Arhat Biswas, Adv.

For Aditya Law THE COURT:- The abovenamed deceased, namely, Arun Kumar Law left behind his mother namely, Nihar Law, his widow Sheela Law, his two sons namely, Anirban Law and Aditya Law as his heiresses/heirs in intestacy. The deceased left behind his last Will and Testament dated 5th November, 2018 by and under which he was appointed his widow Sheela Law as the executrix.

The widow filed an application for grant of probate being PLA 345 of 2022. The grant was challenged by Aditya, one of the sons of the testator, by lodging a caveat. However, before the probate proceedings was declared as a contentious cause, the heirs in intestacy of the deceased/testator entered into a family settlement dated 22nd March, 2023 which is signed by all the heirs in intestacy and annexed to this application.

By this application, the heirs in intestacy of the testator intends to bring to an end their inter se dispute by grant of probate of the last Will and Testament of the deceased dated 5th November, 2018 with a copy of the family settlement dated 22nd March, 2023 attached thereto in favour of the executrix.

Considering the submissions made by the joint applicants and the materials on record, let probate of the last Will and Testament dated 5th November, 2018 left behind by Arun Kumar Law, the deceased/testator be issued to Smt. Sheela Law with the terms of settlement dated 22nd March, 2023 attached thereto.

The application being GA 1 of 2023 and the application for grant of probate being PLA 345 of 2022 be, accordingly, disposed of. (ARINDAM MUKHERJEE, J.) sb.